1 2025:CGHC:17896 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 523 of 2025 Satish Sharma S/o Lt. Shri Balam Prasad Sharma Aged About 53 Years R/o. House No. 106, Shriwas Mohlla Mendra Tehsil - Sakri, P.S. Sakri, District- Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh through The Forest Range OfÏce- Ratanpur District- Bilaspur 495001 (C.G.) ... Non-applicant For Applicant : Mr. Raja Sharma, Advocate. For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer. For Objector : Ms. M. Asha, Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21.04 .202 5 1. Proceedings of this matter have been taken through video conferencing. 2. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Forest Crime No. 17774/01 registered at Police Station – The Forest Range OfÏce, Ratanpur, District- Bilaspur (C.G.) for the offence punishable under Section 9 read with Section 51 of the Wildlife Protection Act 1972. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 3. The prosecution's case, in brief, is that on 25/03/2025, Forest Guard Dheeraj Kumar Dubey received information that a dead turtle was trapped in a fishing net in the pond adjacent to the Mahamaya Temple, located within the Ratanpur range. Acting on this information, he proceeded to the spot with his accompanying staff, where they found 23 dead turtles entangled in the fishing net. A spot inspection report (Panchanama) was prepared, witness statements were recorded, and a seizure report was drafted. Subsequently, a formal case was registered regarding the incident. 4. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in this case. He submits that the applicant apprehends arrest under the pretext of interrogation. The applicant is the Vice-President of Shri Mahamaya Devi Temple Trust, Ratanpur. Prior to the Navratri festival, the temple premises are cleaned and maintained as per the decision taken in the general meeting of the trust held on 02.03.2025. As part of this process, all ponds under the Shri Mahamaya Devi Temple Trust are also cleaned. However, no wild animals are ever harmed during the process. This year, the ponds were cleaned on 23.03.2025 and 24.03.2025 in accordance with the mutual decision of the trust, and the cleaning was carried out by an authorized person. During this cleaning, not a single turtle was harmed. Some fish were removed due to overpopulation and the foul smell emanating from the pond, but again, no turtles were harmed. Subsequently, some turtles were found dead on the banks of the pond, and based on a newspaper report, the Forest Department 3 registered a case. He further submits that there is no evidence on record that the applicant has caused death to the turtles and further he has no criminal antecedents, therefore, he prays for grant of anticipatory bail to the present applicant. 5. On the other hand, the learned State counsel as well as learned counsel for the objector oppose the bail application of the applicant and submits that the accused involved in the case deliberately placed a special type of net in the pond specifically designed for capturing turtles, and that too during midnight, in order to extract the turtles without public knowledge. It is further submitted that in this regard, CCTV footage clearly reveals that, instead of obtaining formal approval from the trust during daylight hours, a well-planned operation was carried out illegally at midnight. Under the directions of the applicant/accused, the security guard opened the VIP parking gate, and from the pond, only the turtles, which fall under the protected species category were selectively removed while leaving other aquatic animals, with the intention of trafÏcking them, therefore, he is not entitled to grant of anticipatory bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, submissions of learned counsel for the parties, and material available in the case diary, it appears that the applicant is the Vice-President of Shri Mahamaya Devi Temple Trust, Ratanpur, prior to the Navratri festival, the temple premises are cleaned and maintained as per the 4 decision taken in the general meeting of the trust held on 02.03.2025. As part of this process, all ponds under the Shri Mahamaya Devi Temple Trust are also cleaned, however, no wild animals are ever harmed during the process. Further the fact that this year, the ponds were cleaned on 23.03.2025 and 24.03.2025 in accordance with the mutual decision of the trust, and the cleaning was carried out by an authorized person, during this cleaning, not a single turtle was harmed, some fish were removed due to overpopulation and the foul smell emanating from the pond, but again, no turtles were harmed, subsequently, some turtles were found dead on the banks of the pond, and based on a newspaper report, the Forest Department registered a case, further there is no evidence on record that the applicant has caused death to the turtles and further he has no criminal antecedents, therefore, I am inclined to grant anticipatory bail to the applicant. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Satish Sharma, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting OfÏcer, he shall be released on bail on the following conditions:- (a) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (b) he shall not act in any manner which will be 5 prejudicial to fair and expeditious trial. (c) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) the applicant and the surety shall submit a copy of his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rahul Dewangan